06 August 2012

Affordable Care Act Prohibits Discrimination Based on Gender Identity

Transgender Protection 101

HHS Clarifies that the
Affordable Care Act Prohibits Discrimination Based on Gender
Identity

Have you ever been discriminated against in our health care
system?
The U.S. Department of Health and Human Services (HHS) recently confirmed that
the Affordable Care Act’s (you know, Obamacare) ban on sex-based discrimination
includes discrimination based on gender identity. This confirms the Task
Force's longstanding position that federal civil rights statutes that prohibit
discrimination on the basis of sex include protections against discrimination
on the basis of gender identity. This
means that no one can be discriminated against because of their gender identity
or because of a healthcare provider's stereotype about sex — what a man or a
woman “ought to look like.”

Back in June, the Task Force and our New Beginning Initiative coalition
partners sent HHS a letter asking for exactly this clarification. We're
thrilled they agree with us and numerous federal courts that have issued
similar opinions clarifying that sex-based discrimination protections also
address gender identity.

We encourage anyone who
feels they have been discriminated against because of their gender identity to
file a complaint with the HHS Office of Civil Rights, so your complaint can be
investigated and appropriately handled. File a complaint at: http://www.hhs.gov/ocr/civilrights/complaints/index.html